CRP(I/O) 21/2017. Gauhati High Court
| Case Number | CRP(I/O) 21/2017 |
| Judgement Date | February 22, 2017 |
| Court | Gauhati High Court |
I N THE GAUHATI HI GH COURT
( THE HI GH COURT OF ASSAM, NAGALAND, MI ZORAM & ARUNACHAL PRADESH)
C.R.P.( I / O) NO. 21/ 2017
Shri Sashi Kr. Tea Company Pvt. Ltd. & 4 others
…..Petitioners
-Vs-
Shri Basudev Bagchi & 2 others
…. Respondents
For the petitioners : Mr. SP Roy,
Mr. AK Kar,
Ms. NK Pradan,
Mr. K. Rajbongshi, Advs.
BEFORE
HON’BLE MR. JUSTI CE KALYAN RAI SURANA
Date of hearing
& Judgment : 22-02-2017
JUDGMENT & ORDER
1) By filing this application under Article 227 of the Constitution of I ndia, the petitioners have prayed for setting aside and quashing the order dated
09.02.2017 passed by the National Company Law Tribunal, Guwahati Bench in M.A. No. 1/ 2017 arising out of TP No. 19/ 397/ 398/ GB/ 2016 corresponding to CP No. 182/ 14 and with further prayer to direct the said learned Tribunal to hear the petitioners on the said M.A. No. 1/ 2017 [ mentioned in the prayer as petition dated 07.02.2017 (Annexure-9)] . I n the interim, the petitioners have prayed for staying the operation of the impugned order as well as the proceeding of TP No. 19/ 397/ 398/ GB/ 2016 corresponding to CP No. 182/ 14.
CRP(I/ O) No. 21/ 17 Page 1 of 7
2) I have heard Mr. S.P. Roy, learned counsel for the petitioners assisted by Mr. K. Rajbongshi, learned counsel at the stage of motion hearing. I n view of the nature of order, which I propose to pass in the present application, no notice is deemed to be required to be issued on the respondents.
3) The case as projected by the learned counsel for the petitioners is that the proceedings of TP No. 19/ 397/ 398/ GB/ 2016 corresponding to CP No. 182/ 14 was filed under section 210 of the Companies Act, 2013 (hereinafter referred to as ‘2013 Act’ for short) and under sections 397, 398, 399, 402 and 406 of the Companies Act, 1956 (hereinafter referred to as ‘1956 Act’ for short). I t is argued, amongst others, that by section 210 of the 2013 Act, jurisdiction has been bestowed upon the Central Govt. to carry out investigation and even by the reference to the word ‘court’ in sub-section (2) of section 210 of 2013 Act, the National Company Law Tribunal does not get jurisdiction to decide any issue requiring investigation as envisaged in section 2010 of the 2013 Act, for which the entire proceeding before the said learned Tribunal is without jurisdiction.
4) I t is further projected that on 07.02.2017, the petitioners had raised various points by way of preliminary issues of maintainability and prayed for dismissal of the proceedings of the said TP No. 19/ 397/ 398/ GB/ 2016 corresponding to CP No. 182/ 14. The said application was registered and numbered as M.A. No. 1/ 2017. However, by order dated 09.02.2017, the said M.A. No. 1/ 2017 was dismissed by the said learned National Company Law Tribunal, Guwahati Bench (hereinafter referred to as the ‘learned Tribunal’...
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